Legal Reasoning And Political Conflict
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Legal Reasoning And Political Conflict
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 2018
Legal Reasoning And Political Conflict written by Cass R. Sunstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
Introduction -- Reasoning and legal reasoning -- Incompletely theorized agreements -- Analogical reasoning -- Trimming -- Understanding (and misunderstanding) the rule of law -- In defense of casuistry -- Without reasons, without rules -- Adapting rules, privately and publicly -- Interpretation -- Conclusion
Reason In Law
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Author : Lief H. Carter
language : en
Publisher: University of Chicago Press
Release Date : 2016-03-04
Reason In Law written by Lief H. Carter and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-04 with Political Science categories.
Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
Legal Reasoning And Political Conflict
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 1998-02-26
Legal Reasoning And Political Conflict written by Cass R. Sunstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-02-26 with Law categories.
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Thinking Like A Lawyer
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Author : Kenneth J. Vandevelde
language : en
Publisher: Routledge
Release Date : 2018-04-19
Thinking Like A Lawyer written by Kenneth J. Vandevelde and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Political Science categories.
Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
Reason In Law
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Author : Lief H. Carter
language : en
Publisher:
Release Date : 2015
Reason In Law written by Lief H. Carter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Over the years, Reason in Law has established itself as the leading textbook for courses in legal reasoning, a critical aspect of the rule of law. This eighth edition brings the book's analyses and examples fully up to date, adding new cases while retaining old ones whose lessons remain potent. It takes full account of the dramatic changes--and challenges--to legal reasoning that emerged from the Bush administration's attempts to fight terrorism and also explores recent conflicts over same-sex marriage, gun control, hate crimes, and climate change. The result is an indispensable introduction to an issue that lies at the heart of the workings of the law.
Advanced Introduction To Legal Reasoning
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Author : Larry Alexander
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28
Advanced Introduction To Legal Reasoning written by Larry Alexander and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-28 with Law categories.
This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
Free Markets And Social Justice
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 1999-03-18
Free Markets And Social Justice written by Cass R. Sunstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-18 with Political Science categories.
The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
Arguing Fundamental Rights
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Author : Agustín J. Menéndez
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-11-22
Arguing Fundamental Rights written by Agustín J. Menéndez and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-22 with Law categories.
This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Law Politics And Perception
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Author : Eileen Braman
language : en
Publisher: University of Virginia Press
Release Date : 2009-10-29
Law Politics And Perception written by Eileen Braman and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-29 with Political Science categories.
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Justice Law And Argument
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Author : Ch. Perelman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Law And Argument written by Ch. Perelman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.